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I'm being charged for items my sister (trustee) thinks I have mainly my mother's jewelry
Can she do this without proof of this
James's answer
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Answered on July 03, 2014
Trustee can offset your distribution to equalize for other property distributed to you. You can dispute the offset. Ultimately it is a proof...
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Can a criminal court judge rule a exparte petition in probate court for letters of special administration over 1 million in fres
James's answer
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Answered on July 03, 2014
I agree with colleagues. Criminal court judge will stick to matters before criminal court. Ditto for probate court judge. Consult with a...
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I have heirs land with a deed of distribution I want to sell but One heir wont let me sell my part by not signing off on it
James's answer
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Answered on July 03, 2014
I agree with colleagues. This is crossover Real Property and Probate. Mediation may be helpful. Consult an attorney competent in both areas of law.
Archived
Is a living well made in Canada valid in the United States. Do I need to make new one in California
James's answer
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Answered on July 03, 2014
Will created in another jurisdiction which was valid in that jurisdiction is valid in California. Check validity. Because twenty years have...
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My mom died in 2009 but my brother is the executor who hasn't done much but immediate paperwork, the estate is a simple one with
James's answer
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Answered on July 03, 2014
Agree with colleagues. Best things you should be doing: talk to your brother and his attorney, encourage them to proceed with administration of...
Archived
Can I cancel fraud deeds in Probate?
James's answer
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Answered on July 03, 2014
Yes. Probate court is proper forum to cancel fraudulent deeds and other transfers. You will have initial burden of proving invalidity. Lack of...
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When a residuary clause has the brother of the testator as the beneficiary & then to his children if he does not survive...
James's answer
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Answered on July 03, 2014
Agree with colleagues. Children relationship with father not relevant to distribution. Children are contingent beneficiaries. Class gift.
Can one co-trustee use estate funds to hire an attorney to seek either force of sale of property or removal of other co-trustee?
James's answer
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Answered on July 03, 2014
agree with colleagues. Yes -co-trustee can hire attorney to represent self in trust matter. Reasonable attorney fees and costs can be charged to...
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What can I do?
James's answer
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Answered on July 03, 2014
Agree with colleagues. Take action now. Lack of notice may be a serious red flag. potential issues from these facts include: undue influence,...
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I deeded my house too .....
James's answer
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Answered on July 03, 2014
Yes. Revoke the deed. Consult EP attorney regarding proper completion of new deed and how to take title in new deed..